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HomeMy WebLinkAbout03201997 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 20, 1997 Chnm. Fischer called the meeting to order at 7:02 P.M. ROLL C~L: PRESENT: Mr. Munsart Ms. Kilkelly Mr. Mather Ms. Vesia Mr. Driver Mr. Johns Chnm. Fischer Mr. Schulke EXCUSED ABSENCE: Mr. Pliska ALSO PRESENT: Robert Massarelli, Community Developme~ Director TracT Hass, Planner II Jan King, Zoning Technician Ann Brae. k, Recording Secretary ANNOUNCE~NTS: Chmn. Fischer announced that Mr. Driver will be voting for Mr. Pliska tonight. Ms. Vesia requested that a particular member matter be moved up and placed before the proposed ordinances. All members agreed. APPROVAL OF MINUTES: (March 6, 1997) MOTION by Johns/Mather i make a motion we approve the minutes of March 6, 1997. A voice vote was taken. 7 - 0 motion carried. OLD, B..,USINESS: None NEW BUSINESS: PUBLIC HEARiNG - MODEL HOME PERMIT - 1221 BARBER STREET - CEMCO, INC. - TAHIR QIZILBASH W PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 The applicant was not present, but because it was a renewal, the Commission continued. There were seventeen (17) notices of hearing sent out and we received no objection or non- objection letters. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:05 P.M., with no public input. MOTION by Munsart/Johns I move we approve the conditional use permit for model home, CEMCO homes at 1221 Barber Street. A voice vote was taken. 7 - 0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 134 HINCHMAN AVENUE - BOB GUGGERI - LAND & LAWN MAINTENANCE Mr. Guggeri, 134 Hinchman Avenue, Sebastian, was present and identified himself. There were sixteen (16) notices of hearing sent out, and we received one (1) objection letter and no non -objection letters. A copy of the objection letter was given to Mr. Guggeri. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:08 P.M. with no public input. All questions from Commission members were answered satisfactorily. MOTION by Vesia/Munsart I make a motion that we approve the Home Occupational License for Bob Guggeri for landscaping, maintenance, at 134 Hinchman Avenue. A voice vote was taken. 7 - 0 motion carried. Chairman Fischer noted that a copy of the code and action of this Commission will be sent to the person making the objection. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE -146 MILLER DRIVE - RAY YETVIN - COMPUTER SOFTWARE CONSULTING Mr. Yetvin of 146 Miller Drive was present and identified himself. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 There were eleven (11) notices of hearing sent out and we received no objection or. non-objection letters. Ms. King gave staff presentation and reconunended approval. The public hearing was opened and closed at 7:12 P.M. with no public input. AH questions asked by Commission members were answered satisfactorily. MOTION by Mather/Johns I make a motion that we approve Business Data Acce~ for Ray Yetvin for Home Occupation License at 146 Miller Drive. A voice vote was taken. 7 - 0 motion carried. RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT -.PROPOSED DAYCARE CENTER - S. WIMBROW DRiVE - RS-10 ZONiNG DISTRICT - C. LIBERTINO Mr. Massarelli gave staff presentation. He noted that he had located a 1988 map, which was a Thorough~e Plan, and it identified S. Wimbrow as a major collector, but there is no indication that the City ever adopted this plan. He gave further information on this issue and recommended that the Planning and Zoning Commission recommend approval to City Council with the conditions on page two (2) and three (3) ofhis staff report - items (1) through (7). There was much discussion on this special use permit covering the issues of setting precedence, traffic impact, property values and the number of children. The applicant, Mr. Carmine Libertine, 6167 Island Harbor Road, was present and identified himseff. He noted that there would be a buffer zone as the daycare center would be placed on only half of the property. Mr. Massarelli pointed out that the applicant should not plan to use the alleyway to the north of the property as part of the traffic pattern since there are drainage problems there, and it is really intended only as an access to the businesses on CR $12. He also noted that the traffic pattern can be addressed at the time the site plan is submitted. The public hearing was opened at 7:27 P.M. Mr. A1 Vilardi, 445 Georgia Blvd., Sebastian spoke of the present traffic pattern and suggested a sketch of what is planned for the site. Mr. Dean Nephew, 365 Georgia Blvd., spoke in opposition, and is concerned with property values and the increase in traffic. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 The public hearing was closed at 7:41 P.M. Mr. Libertino, Jr., 480 Tulip Drive, Sebastian, gave a brief description of the planned traffic flow for the dayeare center. Mr. Libertine, Sr. noted that there would be a maximum of about thirty (30) to thirty-five (35) children involved. Mr. Bernard Pusateri, 197 Dickens Avenue spoke of the traffic impact, and also about limiting the number of children. Mr. Massarelli pointed out that the Commission has the ability to limit the number of children allowed in this special use permit. Chron. Fischer discussed this issue with Mr. Libertine, and it was determined that the applicant would provide services for a maximum of thirty-five (35) children. There was discussion of a buffer zone of one hundred (100) feet on the south side. MOTION by Mather/Driver I make a recommendation that we approve the special use permit for a daycare center for Judith M. Ordonez of 122 Crawford Drive, Sebastian, Florida, with the following conditions: 1. That it be limited to thirty-five (35) children. 2. We remove out of item fourteen (14), everything but the first sentence. (remove references to S. Wimbrow) 3. That there be a minimum of a one hundred (100) foot setback fxom those existing lots, three (3) & four (4), Block 485, on the south, as a restriction. 4. And all conditions in the staff report. Mr. Driver - Yes Mr. Johns - Yes Chron. Fischer - Yes Mr. Schulke - Yes Mr. Munsaxt - Yes Mr. Mather - Yes Ms. Vesia - Yes The vote was 7 - 0. Motion carried. ~MEMBER MATTER: At this point, Ms. Vesta introduced Mr. & Mrs. Thompson to speak on a matter about their builder. David Thompson, 1531 Spinnaker Lane, Sebasfimg spoke about their new home built by Versa Homes whose office was on Barber Street. He noted that he had checked all suppliers and 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 subcontractors and felt he and his wife were secure. As of three weeks ago he received a lion against his house from one of the suppliers. He suggested the city take steps to protect.near hon~ buyers from this type of action with screening or bonding of the contractors. Mr. Schulke noted that he thought that about a year or a year and a half ago, that the State set up a fund for these types of probit, s, that certified State iiceme holders have to pay into as part of their license fee. He suggested that Mr. Thompson's attorney check into this fund. Mr. Massarelli noted that Versa Homes has filed for bankruptcy and there are a few other cases similar to this one. He pointed out that this matter needs to be presented to the Construction Board. A break was taken from 8:10 to 8:25 P,M. The meeting resumed with all members presont. RECOMMENDATION TO CiTY COUNCIL PROPOSED ORDINANCES PROCEDURAL CHANGES TO THE LDC - 0-97-X13D, 0-97-40, AND 0-97.41 0-97-X13D was discUssed. Mr. Massarelli discussed a chart made by Jan King, on responsibilities of City Council and Planning and Zoning in re~eronc~ to heatings, reviews, approvals and appeals. Ms. Kiikelly suggested "posting" properties approved for special use to infonu nearby and There. was discussion on Ms. Kilkelly's suggestion, and many opinions were., voiced: Mr. Massarelli suggested that the responsibility of posting the property would rest with the applicant, and would provide information that a land development order is being considered, and for more information, please contact the City of Sebastian Community Developmont Dopamueut. He also noted that the sign should be posted on a visible main street in a conspicuous manner. MOTION by johns/Driver I make a motion that we recommend approval of Ordinance No. 0-97-XI3D to City Council. A voice vote was takon. 7 - 0 motion camed. MOTION by Mather/Driver I make a motion that the Ordinance 20A-11.7 include an item listing signs to be posted oa property in a conspicuous mauner, A voice vote was takon. The vote was 6 - 1, with Mr. Schulke against. The motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 Ordimmce 0-97-X14C (0-97-38) was discussed. Mr. Schulke suggested changin~ this ordinance on pa~e four (4), 4.a., first seoteoce, to include "a time limit of 15 working days from receipt of complete application", concernin~ what corre~ons or revisions are necessary to meet the provisions of this ordinance as indic4Ued by staff and advised in writing to tho applicant. There were several oth~ minor changes made to this ordinance and agreed to by all members. MOTION by Munsart/Driver I move that we recommend to City Council approval of Ordinance 0°97-35, as amended. A voice vote was taken. 7 - 0 motion carried. Ordinance 0-97-XlSB (97-40) Mr. Schulke suggested trying to com~ up with a better term than "required improvements design". Mr. Massarelli agreed to do this. MOTION by Vesia/Mather I make a recommendation to City Council that we adopt Ordinance No. 0-97-40, as A voice vote was taken. 7 - 0 motion carried. Ordimmce 0-9?-XlSC (97-41) This ordinance was discussed and a couple of typo errors were pointed out. Only minor changes were made. MOTION by Mather/lohns I make a morion that we recommend to City Council approval of Ordinance 0-97-41 with A voice vote was taken. 7 - 0 morion carried. C~RMAN MATTERS: None MEMB~, ~,~.,,, MATTERS: Mr. Johns brought up the subject of Department rifles used in the ordinances, and he and Mr. Massarelli voiced some opinions. 6 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 Mr. Schulke suggested considering site plans while considering special use permits. There was much discussion on this issue, all members agreed that there was a problem in this area, and Mr. Massarelli agreed to check into it. Ms. Kilkelly noted receiving a circular on a seminar about land use sighting for wireless communications towers. Mr. Massarelli noted that he has been involved with a County program covering this issue and gave some details, and is following this issue very closely. DII~,.,.,C, TQR MATTEI~: Mr. Massarelli mentioned a discussion with Mr. Mather on Collier Creek Estates and landclcaring, grubbing, tree removal and things that are going on at that site. He noted that the code does not adequately cover this activity, especially when the site is going to be phased. He proceeded to explain the details of how this issue is being handled in the Community Development The second issue raised by Mr. Mather is the landscaping at the new Winn Dixie project on CRS12. Mr. Massarelli handed copies of the landscape plan to all members to follow as he dotailed the problems. He pointed out that this plan meets code and is acceptable. But then he explained the reality of the situation. He. proceeded to point out the many problems that have been created by not having the utilities noted on the landscape plan, and other problems with the plantings, and with the type of soil to be used for planting. He also explained alternatives that were implemented in certain areas in reference to trees and hedge plants. He then~not~l that the landscaping that is being installed at Winn Dixie is not what was approved by this Corramssion, and is being referred to as a minor site plan amendment, but the attempt is being made to. make this site work. Mr. Massarelli also remarked that the developer on this site is beir~ very cooperative. Ms. Kilkelly suggested that the landscape plan be done as an overlay to place over the drainage and utility drawings to help avoid this type of problem. Mr. Massarelli mentioned desiring an auto-cad soi~are for his department, and requiring everything to be submitted on electronic format. He noted that the Code needs to be improved, the staff needs to be more vigilant, and this Commission needs to be eolightened to look for these problems. There was some discussion about Commission members who are engineers checkin~ the site plaus closer for conflicts. Mr. Mather stressed thc importance of the grading plans in acquiring the proper slopes. The meeting vas adjourned at 9:45 P.M. City of Sebastian 1225 MAIN STREET cl SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [:l FAX (561) 589-5570 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MIl, lUTES OF M]EETING ~ APPROVED AT MI~G HELD E. ANN BRACK, RECORDING SECRETARY City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA THURSDAY, MARCH 20, 1997 PLANNING AND ZONING COMMISSION 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS: 4. APPROVAL OF MINUTES: Regular Meeting of March 6, 1997 5. OLD BUSINESS: 6. NEW BUSINESS: A. Public Hearing - Model Home Permit - 1221 Barber Street, CEMCO, Inc. - Tahir Qizilbash B. Public Hearing - Home Occupational License - 134 Hinchman Avenue - Bob Guggeri - Land & Lawn Maintenance C. Public Hearing - Home Occupational License - 146 Miller Drive - Ray Yetvin - Computer Software Consulting D. Recommendation to City Council - Special Use Permit - Proposed Daycare Center - S. Wimbrow Drive - RS -10 Zoning District - C. Libertino E. Recommendation to City Council - Proposed Ordinances - Procedural Changes to the LDC - 0-97-X13D, 0-97-38, 0- 97-40, and 0-97-41 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: 11. ADJOURNMENT. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE ENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F. S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) , ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS 1�_EETI�IIG SHOULD CONTACT THE CITY'S ADA_ COORDINATOR AT (407) -589-5330 AT ro"� LEAST 48 HOURS PRIOR TO THIS =TING.